Spouse With A Misrepresentation Ban
Your spouse may have been issued a ban of 5 years to Canada for the following reasons:
- Failing to disclose a past visa or permit refusal;
- Including incorrect informtion and/or documents in past application; and
- Failure to disclose criminal inadmissibility.
If your spouse has a ban of 5 years to Canada for Misrepresentation, you can still sponsor them for Permanent Residence despite them being inadmissible
What Can You Do?
As a 5 year ban prevents individuals from coming to Canada within that time period, an application under section 25(1) of the Immigration and Refugee Protection Act, can overcome this inadmissibility.
In any Permanent Resident application, an applicant can request relief to overcome inadmissibility. It is vital to hire a firm or lawyer with experience in order to overcome your inadmissibility.
It is imperative to provide well written arguments and evidence to be successful using H&C law. This can only be achieved in the hands of an immigration lawyer.
We specialize in such cases and are able to provide you with solutions to your immigration problems. For full information on H&C Applications, please contact CTIS. These applications are extremely complex and are most often decided on paper and therefore the application must be comprehensive, concise and compelling.
Section 25(1) of the IRPA
25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.